FLORIDA MEDIATION & ARBITRATION PROGRAMS: A COMPENDIUM 21 st EDITION FISCAL YEAR 2009 -10 FLORIDA DISPUTE RESOLUTION CENTER OFFICE OF THE STATE COURTS ADMINISTRATOR Supreme Court Building Tallahassee, Florida 32399 850.921.2910 Fax: 850.922.9290 www.flcourts.org
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FLORIDA MEDIATION & ARBITRATION PROGRAMS:
A COMPENDIUM
21st EDITION
FISCAL YEAR 2009 -10
FLORIDA DISPUTE RESOLUTION CENTER OFFICE OF THE STATE COURTS ADMINISTRATOR
Supreme Court Building Tallahassee, Florida 32399
850.921.2910 Fax: 850.922.9290 www.flcourts.org
FOREWORD
In 1988, the Florida Legislature provided civil trial judges with the statutory authority to refer civil cases to mediation or arbitration. Judges could refer any, all, or none of their cases subject to the rules and procedures set forth by the Supreme Court. Since that transforming event in the history of Florida’s courts, the Florida Dispute Resolution Center (DRC), a unit of the Office of the State Court Administrator, has sought to capture and report these court-connected activities.
This year marks the 21st edition of the DRC’s annual publication of Florida’s
Mediation & Arbitration Programs: A Compendium. This edition, as all the editions that preceded it, is the result of the cooperation of the many ADR Directors and Mediation Services Coordinators across Florida’s 20 circuits.
The statistical data for Fiscal Year 2009-2010 was captured using an electronic
survey spreadsheet created in Microsoft Excel. The spreadsheet was formatted to meet the American’s with Disabilities Act Section 508 accessibility standards [Section 508 of the Federal Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended in 1998] for electronic and information technology. Thanks to all for your patience as well as your assistance in helping to bring this publication to fruition. A ‘special’ thanks to Carol Williams, the Fourth Circuit Mediation Services Coordinator and Betty White, the ADR Director in the Fifth Circuit for assisting with the beta testing of the new survey questionnaire.
The Compendium functions as a user friendly resource for judges, court
administrators, mediators, arbitrators, attorneys, educators and others who wish to learn more about Florida’s court-related dispute resolution processes. The information and data collection displayed in the Compendium provide a panoramic view of the unique character of each of more than 100 mediation and arbitration programs across the state.
Please note: In previous editions of the Compendium, information about the
various boards and committees created by the Supreme Court for the purpose of: making policy and reviewing rules (Supreme Court’s Committee on ADR Rules and Policy), considering ethics questions and writing formal opinions (Mediator Ethics Advisory Committee), and hearing grievances filed against mediators (Mediator Qualifications Board) was included. Due to the fact that membership on these various committees can change fairly often during the course of a year, it was decided that the information was best accessed on the web which provides for more accurate information and reflects any recent changes. Go to http://www.flcourts.org/gen_public/adr/publications.html for a directory of board and committee membership.
The Compendium has not been published since the winter of 2007 due to
changes in administration at the DRC, budget cuts and scarce resources. The DRC recognizes that the collection of the statewide mediation and arbitration statistical data provides valuable information not only to the circuits throughout the state; but also to other states and sometimes foreign countries attempting to establish mediation programs in their venue.
The Compendium continues to reflect the commitment of Florida’s leaders to
serve the public, even during these difficult economic times, by providing court-connected alternatives for the resolution of disputes. It also reflects the hard and challenging work and dedication of Florida’s many civic-minded citizens who serve in mediation programs as volunteers. The Dispute Resolution Center commends all who have contributed to or assisted others in finding peaceful alternatives to conflict resolution in Florida.
Dispute Resolution Center August, 2011
INTRODUCTION
HISTORY
Over the past 30 years, the Florida State Court System’s dedication to alternative dispute resolution (ADR) and offering litigants court-connected opportunities to resolve their disputes without judicial intervention has resulted in one of the most comprehensive court-connected mediation programs in the country. The first citizen dispute settlement (CDS) centers were created in the 1970's to address community and neighborhood disputes. In the mid 1980's, the Florida Legislature created a study commission on the use of alternative dispute resolution in Florida’s courts. The Florida Dispute Resolution Center (DRC) was also created during the mid 1980’s to provide assistance to the courts in developing ADR programs and to conduct education and research on ADR in general. On January 1, 1988, comprehensive revisions to Chapter 44, Florida Statutes, entitled “Mediation Alternatives to Judicial Action,” was implemented. This legislation granted civil trial judges the statutory authority to refer cases to mediation or arbitration, subject to rules and procedures established by the Supreme Court of Florida. Since then, the statute has been revised several times and procedural rules, ethical standards, grievance procedures, training standards, and continuing education requirements for mediators have been implemented.
FINANCING AND SERVICES STATEWIDE
The Florida State Court System consists of 20 judicial circuits that comprise Florida’s 67 counties. Prior to July 2004, ADR programs in Florida were funded by the counties. This resulted in great variations of ADR service across the state. Generally, single county circuits provided litigants with access to a wide variety of ADR programs; while in multi-county circuits, ADR services were offered in some, but not all, of the counties; thereby leaving some counties with no services. In a constitutional amendment implemented on July 1, 2004, the funding for the state court system became the responsibility of the state. The goal was and is for litigants to have access to “essential” services regardless of where they live in the state.
THIS EDITION OF THE COMPENDIUM
Since 2005-2006, the Compendium reports data on a fiscal year basis rather than a calendar year. In this edition of the Compendium, FY 2009 -10, statistics were reported from the following ADR programs:
Compendium 2009 -10 21st Edition 1 Introduction
♦ 8 Citizen Dispute Settlement Centers (CDS) ♦ 54 County Mediation Programs ♦ 64 Family Mediation Programs ♦ 47 Dependency Mediation Programs ♦ 1 Appellate Mediation Program (Currently, only the Fifth District Court of Appeals
offers mediation of appellate cases.) ♦ 8 Non-Binding Arbitration Programs
CERTIFICATION
The Supreme Court of Florida, through the DRC, offers certification for mediators in the areas of county court, family, circuit court, dependency and, most recently, appellate cases. In most cases, parties select the mediator of their own choice. However, certified mediators may receive appointments from the court when the litigants are unable to select their own mediator. Certified mediators and those individuals who are not certified but who mediate court-ordered cases are bound by the ethical standards contained in the Florida Rules for Certified and Court-Appointed Mediators. Mediators renew their certification every two years and must complete 16 hours of continuing mediator education applicable to each area of certification. The Supreme Court does not certify arbitrators; however, court-appointed arbitrators are bound by the Florida Rules for Court-Appointed Arbitrators.
As of June 30, 2011,
♦ There were 6,234 individuals certified as mediators. The breakdown by certification is as follows:
In an effort to keep pace with this rapidly evolving field, the Supreme Court of Florida created four standing ADR Committees/Boards. All of the following Committees/Boards are staffed by the DRC:
♦ The Florida Supreme Court Committee on Alternative Dispute Resolution Rules & Policy (ADR R&P) is charged with monitoring and making recommendations to improve and expand the use of court-connected ADR (not limited to mediation) through the adoption of statutes, rules, policies, and procedures;
♦ The Mediator Ethics Advisory Committee (MEAC) issues formal advisory ethics opinions to certified and court-appointed mediators. These opinions are posted on the DRC website for use by mediators as well as courts, attorneys and the general public;
♦ The Mediator Qualifications Board (MQB) is responsible for hearing grievances filed against certified mediators and reviewing mediator good moral character issues (this task is the responsibility of the Qualifications Complaint Committee, a subset of the MQB);
♦ The Mediation Training Review Board (MTRB) reviews complaints against certified mediation training programs and training program principals.
While this Compendium provides an overview of state court-connected mediation and arbitration programs, there are a variety of ADR programs operating successfully throughout the state which are beyond the scope of this publication, including mediation programs established in state and executive branch agencies.
FLORIDA ADR HISTORY
1970’s 5-1975 First Citizen Dispute Settlement (CDS) Program created in Florida began operation in Dade
County. 10-1975 First Juvenile Arbitration/Mediation Program created in Florida began operating in Duval County. 4-1976 Legislation on citizen dispute settlement and juvenile arbitration filed in the Florida Legislature
for the first time. 6-1977 Juvenile arbitration statute passed with an effective date of July 1, 1977. 7-1977 Supreme Court received federal grant to establish a state-level office responsible for providing
technical assistance, research and training to courts relating to citizen dispute settlement and other dispute resolution alternatives.
1-1978 Chief Justice Overton appointed first Supreme Court Committee on Dispute Resolution
Alternatives and designated Justice Hatchett as its chairman. 3-1978 First meeting of the Supreme Court Committee on Dispute Resolution Alternatives (the
Committee went on to meet 18 times over the next two years and concluded its work in December of 1981).
4-1978 First legislation on family mediation is filed in the Florida Legislature. 1-1979 First edition of the Citizen Dispute Settlement Guidelines Manual published. 2-1979 First Family Mediation Program created in Florida began operating in Dade County. 6-1979 First statewide conference on Dispute Resolution Alternatives sponsored by the Supreme Court
held in Orlando. 6-1979 First public information film on citizen dispute settlement produced and made available to courts
and county officials to assist in promoting the establishment of citizen dispute settlement programs.
1980’s 8-1980 First empirical evaluation report of CDS Programs in Florida published. 9-1980 First empirical evaluation of juvenile mediation/arbitration programs published. 1-1981 Second edition of the Citizen Dispute Settlement Guideline Manual published. 3-1981 First Citizen Dispute Settlement Mediator Training Manual, Instructor’s Guide for Training
Mediators, and four mediation training videotapes published and distributed to all existing CDS programs.
10-1981 First statewide Mediator Training Program sponsored by the Supreme Court held in Orlando. 6-1982 Family mediation statute passed with an effective date of June 1, 1982.
Compendium 2009 -10 21st Edition 4 Florida ADR History
1980’s (Continued) 1-1983 Supreme Court’s Matrimonial Law Commission issued final report and recommended mandatory
mediation of all custody/visitation issues in a dissolution of marriage proceeding. 6-1983 First Summary Jury Trial held in Florida in the Nineteenth Judicial Circuit. 7-1983 Supreme Court received federal grant to study juvenile arbitration programs in Florida. Final
report of this project published in March 1984. 7-1984 The Florida Legislature created the Study Commission on Alternative Dispute Resolution. 3-1985 Study Commission on Alternative Dispute Resolution issued first report recommending
comprehensive mediation/arbitration program for Florida’s trial courts. 6-1985 CDS statute passed with an effective date of October 1, 1985. 1-1986 First Circuit Civil Mediation Program began operations in Lee County. 1-1986 Florida Dispute Resolution Center (DRC) created by the Supreme Court and Florida State
University College of Law. Mike Bridenback named director; Jim Alfini named director of education and research.
2-1986 Study Commission on Alternative Dispute Resolution issued final report which included
proposed legislation on court-ordered mediation and arbitration. 4-1986 Legislation encompassing the Alternative Dispute Resolution Study Commission’s
recommendations filed for the first time in the Florida Legislature. 7-1986 DRC issued first newsletter. 12-1986 DRC received grant from the Florida Bar Foundation to evaluate summary jury trial process. 6-1987 Comprehensive mediation/arbitration statute passed with an effective date of January 1, 1988. 6-1987 Legislature approved funding of an ADR Demonstration Project in the Thirteenth Judicial Circuit. 7-1987 Chief Justice McDonald appointed special committee to draft court rules in response to the
passage of court-ordered mediation/arbitration statute. 7-1987 First Edition of Florida Mediation/Arbitration Programs: A Compendium published. 10-1987 Mediation/Arbitration Committee submitted proposed mediation/ arbitration rules to Supreme
Court. Oral arguments held December 1987. 2-1988 DRC sponsored national seminar on mediation in the judicial environment funded by a grant
from the National Institute for Dispute Resolution. 4-1988 First Arbitration Training Program sponsored by the DRC was held in response to the training
requirement set forth in court rules. 6-1988 ADR Pilot Project began operating in Thirteenth Judicial Circuit.
Compendium 2009 -10 21st Edition 5 Florida ADR History
1980’s (Continued) 6-1988 Chief Justice McDonald appointed Committee on Mediation and Arbitration Training and the first
Mediation Training Programs sponsored by the Supreme Court were held in response to the training requirements set forth in the court rules relating to mediation.
8-1988 Sharon Press hired as associate director of the DRC. 1-1989 County Judges Conference on Mediation Skills held in Jacksonville. 2-1989 First statewide Mediation/Arbitration Program Directors Meeting held. 2-1989 Additional training program standards recommended to Supreme Court. Effective date:
September 1989. 4-1989 First use of packaged county mediation training program in Pensacola. Package containing
mediation manual, trainer’s manual and tapes sent to all county mediation programs. 5-1989 Mediation/arbitration supplemental legislation passed—absolute immunity granted to all court
mediators and arbitrators; arbitration fee $200 per day; county court filing fee authorized for funding mediation program, and restriction on referrals to family mediation. Effective January 1, 1990.
6-1989 First county Train-the-Trainer Program held in Tallahassee. 7-1989 Appellate mediation program created in the Fourth District Court of Appeal through a grant from
the State Justice Institute. 7-1989 Second Edition of Florida Mediation/Arbitration Programs: A Compendium published. 8-1989 Supreme Court appointed Standing Committee on Mediation/Arbitration Rules to look into
legislation, rule revisions, and standard of conduct for mediators and arbitrators. 8-1989 Monograph on Summary Jury Trials published. 9-1989 Additional mediation training program standards became effective—all trainers to re-apply for
certification. 10-1989 Public hearing on rule changes held in Orlando. 12-1989 Supreme Court Standing Committee on Mediation and Arbitration Rules submits final report on
recommended rule changes and a standard of conduct for mediators to the court.
1990’s 1-1990 DRC hired as consultants to the Legislative Study Commission on Mobile Homes to study
dispute resolution mechanisms for mobile homes. 2-1990 Oral argument on the proposed rule revisions. 3-1990 Pilot train-the-trainer program for family and circuit mediation trainers.
Compendium 2009 -10 21st Edition 6 Florida ADR History
1990’s (Continued) 4-1990 Consultant’s report on dispute resolution system for mobile homes submitted to the Legislative
Study Commission on Mobile Homes. 6-1990 1990 Legislature passed amendments to Chapter 44, effective October 1, 1990. Changes
include statewide certification, authorization for increased funding potential and reorganization of the chapter.
6-1990 Supreme Court of Florida issues opinion number 75,151 adopting revisions to the Florida Rules
of Civil Procedure. Effective July 1990. 7-1990 Third Edition of Florida Mediation/Arbitration Programs: A Compendium published. 12-1990 Statewide certification of mediators initiated. 4-1991 Sharon Press promoted to director of the DRC. 6-1991 Fourth DCA Appellate Mediation program ceased operations. 7-1991 Fourth Edition of Florida Mediation/Arbitration Programs: A Compendium published. 8-1991 Jim Alfini resigned as the director of education and research to become dean of Northern Illinois
College of Law. 9-1991 Former Chief Justice Raymond Ehrlich appointed jurist-in-residence for FSU College of Law.
Coordination with and study of the Dispute Resolution Center one component of his appointment.
10-1991 Sharon Press elected regional vice-president for the Southeast Region of the Society for
Professionals in Dispute Resolution. 11-1991 Supreme Court Committee on Mediation and Arbitration Rules submitted report and final
recommendations for Standards of Conduct and Rules of Discipline for all Supreme Court certified and court-appointed mediators. Oral arguments scheduled for April 1992.
11-1991 Sharon Press invited to travel to Argentina and Uruguay as AmPart funded by the Argentine
Ministry of Justice and US AID. Press conducted mediation and negotiation training, delivered lecture on ADR and interviewed for national news media.
1-1992 DRC conducted first school mediation training program in Leon County. Ten Cobb Middle
School students and a teacher coordinator trained. 1-1992 DRC assisted Informal Dispute Resolution Division of Worker’s Compensation in developing
mediation/negotiation training program for staff. Training conducted from January through June. 2-1992 DRC initiated conflict resolution curriculum in Leon County Elementary School (Kate Sullivan). 4-1992 County mediation training held in Osceola County to begin new program. 4-1992 Professor Mack Player named new director of education and research for DRC. 5-1992 Florida Supreme Court released opinion adopting Standards of Conduct and Rules of Discipline
for Supreme Court Certified and Court-Appointed Mediators. Effective immediately.
Compendium 2009 -10 21st Edition 7 Florida ADR History
1990’s (Continued) 6-1992 County mediation training held in Orange County to begin new program. 7-1992 Fifth Edition of Florida Mediation/Arbitration Programs: A Compendium published. 9-1992 DRC debuted its first statewide conference for mediators and arbitrators entitled Ethics in
Dispute Resolution. 12-1992 Chief Justice made first appointments to the Mediator Qualifications Board. Regional meetings
held in Tallahassee, Tampa and Fort Lauderdale. 1-1993 County mediation training held in Seminole County to begin new program. 5-1993 County mediation training held in Alachua County to begin new program. 6-1993 Justice in the 21st Century Conference held in Tampa. 6-1993 Florida representatives attended National Institute Technical Assistance Workshop for Southern
States. 7-1993 Sixth Edition of Florida Mediation/Arbitration Programs: A Compendium published. 8-1993 Supreme Court Standing Committee on Mediation and Arbitration Rules submitted petition for
revisions to the Florida Rules of Civil Procedure including rule amendments for county mediation procedure; a proposed code of conduct and rules of discipline for court arbitrators; and recommendation for the creation of a Mediator Qualifications Advisory Panel to provide advisory interpretations of the Florida Rules for Certified and Court-Appointed Mediators.
8-1993 Second annual statewide DRC conference for mediators and arbitrators entitled Co-Authoring
the Future held. 8-1993 First grievance filed for review by the Mediator Qualifications Board. 12-1993 First annual meeting of the Mediator Qualifications Board held. 1-1994 Florida Bar Foundation awarded two-year grant to the Dade County Bar Office of Public Service
to establish Pro Se Family Mediation Pilot Project with Janice M. Fleischer as Director. 3-1994 County mediation training held in Citrus County to begin new program. 3-1994 Legislature created dependency and in-need-of-services mediation. Effective December 1995. 4-1994 Florida Supreme Court released opinion adopting revisions to Florida Rules of Civil Procedure
and Florida Rules for Certified and Court-Appointed Mediators and adopting Florida Rules for Court-Appointed Arbitrators. Changes effective July 1, 1994.
5-1994 Public hearing on revisions to the mediation training program standards held by Florida Supreme
Court Committee on Mediation/Arbitration Training. 7-1994 First Mediator Qualification Advisory Panel appointed. 7-1994 Seventh Edition of Florida Mediation/Arbitration Programs: A Compendium published.
Compendium 2009 -10 21st Edition 8 Florida ADR History
1990’s (Continued) 7-1994 Mack Player resigned as director of education and research to become dean of Santa Clara Law
School. Jean Sternlight, assistant professor at FSU College of Law, appointed as new director of education and research.
7-1994 Justice Parker Lee McDonald, liaison to the Mediation & Arbitration committees, retired from the
court. 8-1994 First meeting of the Mediator Qualifications Advisory Panel. 8-1994 Third annual statewide DRC conference for mediators and arbitrators Past the First Glance: The
ADR Profession Evolving held. 11-1994 County mediation training held in St. Lucie County to begin new program. 12-1994 County court mediation training held in Leon County for the inaugural class serving the needs of
the new Neighborhood Justice Center. 12-1994 Justice Charles T. Wells appointed as liaison to the Supreme Court mediation and arbitration
committees. 1-1995 DRC’s re-designed newsletter, The Resolution Report, makes its debut. 3-1995 The Supreme Court Committee on Mediation and Arbitration Rules submitted revisions to the
grievance procedures under the Florida Rules for Certified and Court-Appointed Mediators. 3-1995 County mediation training held in Duval County to begin new program. 5-1995 DRC sponsored Juvenile Arbitration training in Leon County. 5-1995 Florida Legislature adopted immunity provisions for all persons appointed to assist the Supreme
Court in performing its mediator and arbitrator disciplinary functions. 6-1995 County mediation training held in Lake County to begin new program. 7-1995 Eighth Edition of Florida Mediation/Arbitration Programs: A Compendium published. 8-1995 Mediation Works: Make It Work For You, a divorce mediation orientation video produced by the
DRC, made available for distribution. 8-1995 Fourth annual statewide DRC conference for mediators and arbitrators Communication: Beyond
the Spoken Word held. 10-1995 Revisions to the mediator grievance procedure under the Florida Rules for Certified and Court-
Appointed Mediators adopted. Effective immediately. 11-1995 Family Law Rules of Procedure adopted with January 1996 effective date. 12-1995 Training Standards and Procedures adopted by the Supreme Court of Florida. 1-1996 Family Law Rules of Procedure effective. Family mediation rules of procedure moved from
1.740, Florida Rules of Civil Procedure, to 12.740 - 12.741, Florida Family Law Rules of Procedure.
Compendium 2009 -10 21st Edition 9 Florida ADR History
1990’s (Continued) 4-1996 Training Standards and Procedures effective. Includes Training and Certification Orientation and
How to Critique a Role Play videos produced by DRC. 6-1996 Governor Lawton Chiles proclaimed June 1, 1996, as Mediation Day in the state of Florida. 7-1996 First DCA Appellate Mediation program created utilizing state funds. 7-1996 Ninth Edition of Florida Mediation/Arbitration Programs: A Compendium published. 8-1996 Fifth annual statewide DRC Conference for mediators and arbitrators The Difference in a
Decade: The DRC Celebrates Ten Years held. 1-1997 DRC received special award for Distinguished Contributions to the Field and Future of Dispute
Resolution from the CPR Institute for Dispute Resolution. 1-1997 County Mediation Training Program held for new Flagler County program. 4-1997 Domestic Violence referral language in Chapter 44, Florida Statutes amended. 5-1997 Mediation Programs for county and family judges conducted at Advanced Judicial Studies,
Florida Judges’ College. 6-1997 Oral Argument on Proposed Dependency Mediation Rules. 6-1997 First meeting of the Mediation Training Review Board. 7-1997 Tenth Edition of Florida Mediation /Arbitration Programs: A Compendium published. 7-1997 Rules for Certified and Court-Appointed Mediators amended to include qualifications for
dependency mediators. Florida Rules of Juvenile Procedure amended to include procedural rules for dependency mediation.
9-1997 DRC holds annual conference in conjunction with the international Society of Professionals in
Dispute Resolution’s (SPIDR) annual conference, The Evolution of Dispute Resolution: SPIDR’s Silver Anniversary.
10-1997 Governor Lawton Chiles proclaimed October 20-26, 1997, as Mediation Week in the state of
Florida. 2-1998 First meeting of the Committee on Mediation and Domestic Violence. 3-1998 Mediation Training Standards and Procedures amended to include training standards for
dependency mediation training programs. 6-1998 Eleventh Edition of Florida Mediation/Arbitration Programs: A Compendium published. 6-1998 County mediation training held for new Columbia County program. 7-1998 Seventh annual statewide DRC conference for mediators and arbitrators Creating a Connection
held. 9-1998 First of three statewide DRC dependency mediation training programs conducted in Tampa.
Compendium 2009 -10 21st Edition 10 Florida ADR History
1990’s (Continued) 10-1998 Appellate mediation program in the Fourth DCA is reinstated utilizing state funds. 10-1998 Governor Lawton Chiles proclaimed October 24-30, 1998, as Mediation Week in the state of
Florida. 12-1998 Second statewide DRC dependency mediation training program conducted in Orlando. 1-1999 Third and final statewide DRC dependency mediation training program conducted in Fort
Lauderdale. 5-1999 Tort Reform legislation adopted; effective October 1, 1999. 5-1999 Justice R. Fred Lewis named as liaison to Supreme Court Mediation and Arbitration
Committees. 5-1999 Professor Jean Sternlight resigned as director of education and research to become a professor
of law at the University of Missouri. 5-1999 The Supreme Court Committee on Mediation and Arbitration Rules submitted petition to amend
the Florida Rules for Certified and Court-Appointed Mediators. 6-1999 DRC held its first County Mediator’s Summit on June 3-4 at the Sheraton Sand Key Resort on
Clearwater Beach. 8-1999 Twelfth Edition of Florida Mediation/Arbitration Programs: A Compendium published. 8-1999 Eighth annual DRC conference for family, dependency and circuit mediators and arbitrators
Take the High Road: ADR Paves the Way held. 10-1999 Tort Reform legislation became effective revising Chapter 44, Mediation Alternatives to Judicial
Action, to include a new ADR method, trial resolution judge. 11-1999 Governor Jeb Bush proclaimed November 5, 1999, as Mediation Day in the state of Florida.
2000’s 2-2000 The Supreme Court of Florida published the amendments to the Florida Rules for Certified and
Court-Appointed Mediators with an effective date of April 1, 2000. 4-2000 The amendments to the Florida Rules for Certified and Court-Appointed Mediators became
effective. The Mediator Qualifications Advisory Panel is renamed the Mediator Ethics Advisory Committee and the Qualifications Complaint Committee is created to reside over certification questions of good moral character.
6-2000 Statewide DRC dependency mediation training program conducted in Tampa. 7-2000 Thirteenth Edition of Florida Mediation/Arbitration Programs: A Compendium published. 7-2000 First Qualifications Complaint Committee case referred.
Compendium 2009 -10 21st Edition 11 Florida ADR History
2000’s (Continued) 8-2000 The ninth annual statewide DRC Conference for Mediators and Arbitrators: Spanning the
Spectrum held at the Rosen Plaza in Orlando. 11-2000 Governor Bush proclaimed November 1-7, 2000, as Mediation Week in the state of Florida. 1-2001 ADR+ Subcommittee of the Family Courts Steering Committee created, DRC to staff. 1-2001 Sharon Press received 8th Excellence in Conflict Resolution Award from the Florida Conflict
Resolution Consortium. 3-2001 Justice Teaching Institute which included ADR sessions. 3-2001 First complaint filed with the Mediation Training Review Board. 6-2001 Chief Justice Wells creates Supreme Court Committee on ADR Rules as successor to the
Committee on Mediation and Arbitration Rules, Judge Shawn Briese named as chair. Chief Justice Wells creates Supreme Court Committee on ADR Policy as successor to the Committee on Mediation and Arbitration Training, Judge Janet Ferris named as chair.
7-2001 Fifth DCA establishes an appellate mediation program utilizing, for the first time, judicial referrals
of cases to mediation and services offered via private mediators. 8-2001 Fourteenth Edition of Florida Mediation/Arbitration Programs: A Compendium published. 8-2001 The tenth annual statewide DRC Conference for Mediators and Arbitrators Dialogue and
Diversity held at the Rosen Plaza in Orlando. 8-2001 The Uniform Mediation Act was adopted by the National Conference of Commissioners on
Uniform State Laws. 9-2001 Fourth DCA Appellate Mediation program ceased operations. 11-2001 Mediation Week in Florida is proclaimed by Governor Bush. 12-2001 Due to budget constraints, the First DCA Appellate Mediation program ceased operations. 1-2002 Robin L. Lubitz was named State Courts Administrator of Florida. 4-2002 Continuing Mediator Education (CME) became effective for all certified mediators. 6-2002 The Family Court Steering Committee submitted a petition to the Supreme Court of Florida to
amend rule 12.610, Florida Family Rules of Civil Procedure. 8-2002 The eleventh annual statewide DRC Conference for Mediators and Arbitrators Making An
Impact: Empowerment Through Education held at the Rosen Plaza in Orlando. 8-2002 Fifteenth Edition of Florida Mediation/Arbitration Programs: A Compendium published. 10-2002 Justice Charles Wells designated as Supreme Court liaison to the Committee on ADR Rules and
Committee on ADR Policy.
Compendium 2009 -10 21st Edition 12 Florida ADR History
2000’s (Continued) 11-2002 November 1-7 is proclaimed by Governor Bush as Mediation Week in Florida. 2-2003 County mediation training held for new Gadsden County mediation program. 5-2003 Rule 12.610, Florida Family Rules of Civil Procedure, amended to restrict use of mediation in
domestic violence injunction cases. 5-2003 House Bill 113A, implementing Article V/Revision 7, enacted. Of particular significance,
mediation and arbitration included on list of elements to be paid for by the state beginning in July 2004.
7-2003 Lisa Goodner named the State Court Administrator for Florida. 7-2003 Justice Anstead entered Administrative Order merging ADR Committees to create the Supreme
Court Committee on ADR Rules and Policy co-chaired by Judge Shawn Briese and Judge Janet Ferris.
8-2003 First meeting of the ADR Rules and Policy Committee. 8-2003 Sixteenth Edition of Florida Mediation/Arbitration Programs: A Compendium published. 10-2003 DRC holds annual conference in conjunction with the Association for Conflict Resolution entitled
The World of Conflict Resolution: A Mosaic of Possibilities. 11-2003 November 1-7 is proclaimed by Governor Bush as Mediation Week in Florida. 7-2004 Chapter 44, Florida Statutes, Mediation Alternatives to Judicial Action, is revised in the areas of
arbitrator compensation, funding of mediation and arbitration programs and mediation confidentiality.
funding of the court system including mediation and arbitration. 7-2004 Seventeenth Edition of Florida Mediation/Arbitration Programs: A Compendium published. 8-2004 The thirteenth annual statewide DRC Conference for Mediators and Arbitrators: Framing Our
Future held at the Rosen Centre in Orlando. 11-2004 November 1-7 is proclaimed by Governor Bush as Mediation Week in Florida. 11-2004 The Supreme Court ADR Rules and Policy Committee submitted its final report and
recommendations relating to senior judges serving as mediators to the Florida Supreme Court. 3-2005 Legislative proclamation honoring county volunteer mediators sponsored by House
Representative John Quinones. 5-2005 The Supreme Court ADR Rules and Policy Committee submitted amendments to the Rules for
Certified and Court-Appointed Mediators and the Administrative Order Governing Certification to the Florida Supreme Court. Amendments to the qualifications for mediator certification and rules of discipline are recommended.
5-2005 The Resolution Report Online, debuts on www.flcourts.org.
Compendium 2009 -10 21st Edition 13 Florida ADR History
2000’s (Continued) 6-2005 The Florida Supreme Court conducts oral argument on the Senior Judges Serving as Mediators
Report SC04-2482. The Honorable Shawn Briese, Chair, of the ADR Rules and Policy Committee, appears on behalf of the committee.
7-2005 Chapter 44, Florida Statutes, Mediation Alternatives to Judicial Action, is modified in the areas of
arbitrator compensation and funding of mediation and arbitration programs. 7-2005 Eighteenth Edition of Florida Mediation/Arbitration Programs: A Compendium published. 8-2005 First Edition of the ADR Resource Handbook published. 8-2005 The fourteenth annual statewide DRC Conference for Mediators and Arbitrators: Great
Expectations is held at the Rosen Centre in Orlando. 10-2005 October 16-22 is proclaimed by Governor Bush as Mediation Week in Florida. 10-2005 County mediation training held in Hernando County to begin a new mediation program. 11-2005 Supreme Court issued its opinion In Re: Report of the Alternative Dispute Resolution Rules and
Policy Committee on Senior Judges as Mediators, SC04-2482. The opinion requires senior judges who are mediators to become certified mediators
2-2006 First Oral Argument in SC05-998 ADR Rules and Policy Committee petition to amend Florida
Rules for Certified and Court-Appointed Mediators and CME requirements. 5-2006 Supreme Court issued its opinion In Re: Petition of the Alternative Dispute Resolution Rules and
Policy Committee on Amendments to Florida Rules for Certified and Court-Appointed Mediators, SC05-998. The opinion adopts the “point system” as a basis for mediator certification, effective August 2006, changes CME requirements (including domestic violence and cultural awareness/diversity, requirements for all mediators), adopts revision to standards of conduct in rules of discipline, effective immediately.
Certification of Mediators, instituting administrative details for point based mediator certification. Immediate effective date.
7-2006 Dispute Management Inc. (DMI) conducted its last training as a certified mediation training
provider. DMI has been continuously certified since 1988 to conduct mediation trainings in Florida.
8-2006 “Point System” becomes effective for county, family, dependency mediators. Pursuant to SC05-
998. 8-2006 The fifteenth annual statewide DRC Conference for Mediators and Arbitrators: Honoring Our
Past…Celebrating Our Future held at the Rosen Centre in Orlando. 10-2006 October 15-21 is proclaimed by Governor Bush as Mediation Week in Florida. 12-2006 Senior Judges as Mediators Ethics Program offered for first time pursuant to Supreme Court
opinion in SC04-2482. 5-2007 Second Oral Argument in SC05-998.
Compendium 2009 -10 21st Edition 14 Florida ADR History
October 1, 2007. 6-2007 Nineteenth Edition of Florida Mediation & Arbitration: A Compendium published (first time published
on fiscal year data rather than calendar year). 8-2007 The Sixteenth Annual Statewide DRC Conference for Mediators and Arbitrators: Insight and
Inspiration held at the Rosen Centre in Orlando. 10-2007October 14-20 is proclaimed by Governor Crist as Mediation Week in Florida. 11-2007 Supreme Court issued its second opinion In Re: Petition of the ADR Rules and Policy Committee on
Amendment to Florida Rules for Certified and Court-Appointed Mediators, SC05-998, adopting the point system for all mediators and removing the licensed attorney requirement for circuit certification. Immediate effective date.
of Mediators, modifying administrative details for point based mediator certification. Immediate effective date.
1-2008 Twentieth Edition of Florida Mediation and Arbitration Programs published. 3-2008 Richard Cox, DRC Counsel, retires; Cal Goodlett, Senior Attorney, Legal Counsel’s Office, assigned
role of DRC Counsel. 6-2008 Supreme Court issued Administrative Order, AOSC08-23, In Re: Procedures Governing Certification
of Mediators, relating to administrative reviews. Effective immediately. 7-2008 Section 44.108, Florida Statutes, is amended to increase session fees in court provided county civil
and family mediation. 8-2008 The Seventeenth Annual Statewide DRC Conference for Mediators and Arbitrators: Mediation and
Justice For All held at the Rosen Centre in Orlando. 8-2008 Supreme Court Commission on Performance and Accountability submits final report
Recommendations for Alternative Dispute Resolution in Florida’s Trial Courts to the Florida Supreme Court
10-2008 October 12-18 is proclaimed by Governor Crist as Mediation Week in Florida. 10-2008 Supreme Court issued SC08-1670, In Re: Florida Rules for Certified and Court-Appointed Mediators,
amending the review process for mediator disciplinary determinations and for individuals who are denied certification or renewal for failure to meet the qualifications regarding chief justice review of mediator disciplinary determinations. Effective immediately.
10-2008 Chapter 61, Florida Statutes, amendments to change dissolution of marriage terminology. 12-2008 Justice Harry Lee Anstead, Florida Supreme Court liaison to ADR Committees, retired. 1-2009 Petition entitled In Re: Amendments to Florida Rules of Appellate Procedure and Florida Rules
for Certified and Court-Appointed Mediators is submitted to the Supreme Court.
Compendium 2009 -10 21st Edition 15 Florida ADR History
2000’s (Continued) 2-2009 Justice Charles T. Wells, former liason to ADR Committees, retired. 5-2009 The Honorable Shawn Briese resigns as Chair of the ADR Rules and Policy Committee. 5-2009 AOSC09-19, In Re: Alternative Dispute Resolution Services in Florida’s Trial Courts adopted by
the Chief Justice. 6-2009 Director Sharon Press concludes 20 years of service and leaves the DRC to become the
Director of the Institute for Dispute Resolution at Hamline University’s School of Law. 7-2009 Justice Ricky Polston designated as liaison to the ADR Rules and Policy Committee. 7-2009 AOSC09-34 adopting the revised Mediation Training Standards and Procedures is released.
Effective immediately with staggered dates for trainer approval and training program certification. 7-2009 Janice M. Fleischer, J.D., hired as DRC Director. 8-2009 Supreme Court Task Force on Residential Mortgage Foreclosures submits final report Final
Report and Recommendation on Residential Mortgage Foreclosure Cases to the Florida Supreme Court.
8-2009 The Honorable William Palmer is appointed Chair of the ADR Rules and Policy Committee. 8-2009 The Eighteenth Annual Statewide DRC Conference for Mediators and Arbitrators: Changes &
Challenges held at the Rosen Centre in Orlando. 10-2009 October 11-17 is proclaimed by Governor Crist as Mediation Week in Florida. 12-2009 AOSC09-54 Final Report and Recommendation on Residential Mortgage Foreclosure Cases in
adopted by the Chief Justice. 1-2010 Janice Fleischer invited to Germany to teach two ADR courses: Basic Facilitation and Advanced
Mediation Techniques in English. 4-2010 Supreme Court issued SC09-1384, In Re: Florida Rules for Certified and Court-Appointed
Mediators, amending rule 10.650 from Advertising to Marketing Practices. Effective immediately. 4-2010 Oral Argument in SC09-118 ADR Rules and Policy Committee petition to amend Florida Rules
for Certified and Court-Appointed Mediators to include appellate mediator certification as the fifth area of mediator certification.
6-2010 ADR Rules and Policy Committee files petition, SC10-1013 In RE: Amendments to the Florida
Rules for Certified and Court-Appointed Mediators, requesting revisions to the rules relating to convictions and reinstatements.
6-2010 Professor of Law Fran Tetunic concludes 9 years service as Chair of the Mediators Ethics
Advisory Committee (MEAC). 7-2010 Supreme Court issues SC09-118 establishing appellate mediation throughout the state of
Florida and amends the Rules for Certified and Court-Appointed Mediations and the Rules of Appellate Procedure. Effective immediately.
Compendium 2009 -10 21st Edition 16 Florida ADR History
Compendium 2009 -10 21st Edition 17 Florida ADR History
2000’s (Continued) 7-2010 Supreme Court issues SC09-118 establishing appellate mediation throughout the state of
Florida and amends the Rules for Certified and Court-Appointed Mediations and the Rules of Appellate Procedure.
7-2010 Beth Greenfield Mandler, Esquire, is elected as Chair of the Mediators Ethics Advisory
Committee (MEAC) and Elena Rodriguez is elected as Vice-Chair. 9-2010 Chief Justice Canady issues AOSC10-51 In Re Mediation Training Standards and Procedures
adopting the inclusion of training standards for Florida Supreme Court certified appellate mediation training programs.
11-2010 Chief Justice Canady issues AOSC10-57 In Re Guidance Concerning Managed Mediation
Programs for Residential Mortgage Foreclosure Cases as a compliment to AOSC09-54 issued in December 2009.
1-2011 Chief Justice Canady issues AOSC11-1 In Re Procedures Governing Certification of Mediators,
the major focus of which includes items related to the administration of appellate mediator certification.
5-2011 Supreme Court issues SC10-1013 revising rules 10.130 and 10.830, Rules for Certified and
Court-Appointed Mediators. 6-2011 Supreme Court issues SC10-1227 revising Small Claim Rule 7.090 requiring that a judge be
available to hear or resolve legal issues at the time of pre-trial conference and clarifying that nonjudicial personnel may assist with the pretrial conference issues and referrals to mediation. Effective July 1, 2011.
8-2011 The Nineteenth Annual Statewide DRC Conference for Mediators and Arbitrators: We’re Back
was held at the Rosen Centre in Orlando. 9-2011 Supreme Court issues administrative order AOSC11-33 appointing a Statewide Managed
Mediation Program Assessment Workgroup to examine data on the managed mediation foreclosure programs and make recommendations to the court regarding the effectiveness of the programs.
Florida’s 20 Judicial Circuits, Counties and County Seats
Circuit County County Seat
First Escambia Pensacola Okaloosa Crestview Santa Rosa Milton Walton Defuniak Springs Second Franklin Apalachicola Gadsden Quincy Jefferson Monticello Leon Tallahassee Liberty Bristol Wakulla Crawfordville Third Columbia Lake City Dixie Cross City Hamilton Jasper Lafayette Mayo Madison Madison Suwannee Live Oak Taylor Perry Fourth Clay Green Cove Springs Duval Jacksonville Nassau Fernandina Beach Fifth Citrus Inverness Hernando Brooksville Lake Tavares Marion Ocala Sumter Bushnell Sixth Pasco Dade City Pinellas Clearwater Seventh Flagler Bunnell Putnam Palatka St. Johns St Augustine Volusia Deland Eighth Alachua Gainesville Baker Macclenny Bradford Starke Gilchrist Trenton Levy Bronson Union Lake Butler
Circuit County County Seat
Ninth Orange Orlando Osceola Kissimmee Tenth Hardee Wauchula Highlands Sebring Polk Bartow Eleventh Dade Miami Twelfth Desoto Arcadia Manatee Bradenton Sarasota Sarasota Thirteenth Hillsborough Tampa Fourteenth Bay Panama City Calhoun Blountstown Gulf Port St. Joe Holmes Bonifay Jackson Marianna Washington Chipley Fifteenth Palm Beach West Palm Beach Sixteenth Monroe Key West Seventeenth Broward Ft. Lauderdale Eighteenth Brevard Titusville Seminole Sanford Nineteenth Indian River Vero Beach Martin Stuart Okeechobee Okeechobee St. Lucie Fort Pierce Twentieth Charlotte Punta Gorda Collier Naples Glades Moore Haven Hendry LaBelle Lee Fort Myers
Compendium 2009-10 21st Edition 18 FL Judicial Circuits, Counties and County Seats
Citizen Dispute Settlement Introduction
Citizen Dispute Settlement (CDS) programs were first established in Florida during the 1970s. CDS Centers have typically been connected to the community through the support of the state attorneys’ offices, the courts, local bar associations and local Boards of County Commissioners. Referrals to CDS or Community Mediation programs come from a variety of sources including law enforcement agencies, state attorneys’ offices, the courts, or individuals. The parties do not have to file a lawsuit to bring a case to a CDS Center.
There is no requirement that parties be represented by counsel or that counsel be present at CDS mediation, and, since the sessions are non-judicial and informal, most parties choose to attend without attorneys. The typical mediation lasts between one and two hours in a single session.
Note: Florida has 67 counties in 20 judicial circuits. Only those circuits and counties that provide CDS mediation services are listed above.
County Mediation Introduction
County mediation programs receive civil case referrals from county courts whose jurisdiction covers cases valued up to $15,000. During fiscal year (FY) 2009-2010, the 54 court-connected county mediation programs operating in Florida mediated over 64,000 small claims cases (cases valued up to $5,000) and over 5,200 county cases above small claims.
There are a variety of case types referred to county mediation, including, but not limited to: landlord/tenant, contract, recovery of money and/or property, auto repair, consumer, worthless checks and neighborhood disputes.
There are special rules of procedure for small claims mediation. These procedures are designed for efficiency for both the litigants and the court. Generally, the parties mediate without attorneys, but the rules also allow for attorneys to appear without their clients. Small claims mediation services are free to the parties. In county court cases above small claims, the court charges $60 per session per party for mediation services.
Compendium 2009-10 21st Edition 23 County Mediation
COUNTY MEDIATION CASELOAD FISCAL YEAR 2009–2010
Circuit County County Seat
Small Claims Cases
Small Claims Cases
Small Claims Cases
County Civil Cases
County Civil
Cases County
Civil Cases
Referred Mediated Resolved Referred Mediated Resolved
Indian River Vero Beach 200 200 117 0 0 0 Martin Stuart 120 120 59 3 3 0 Okeechobee Okeechobee 100 100 74 3 3 1 St. Lucie Ft. Pierce 213 213 145 74 74 54 Totals 633 633 395 80 80 55
20th Charlotte Punta Gorda 545 545 329 14 11 Unavailable Collier East Naples 1091 1091 783 72 32 15 Lee Fort Myers 1861 1861 1318 110 82 37 Totals 3497 3497 2430 196 125 52
Totals 59483 37494 25535 8594 5290 1733 * Small Claims and County Court resolved cases combined for a total 2,560. Note: Florida has 67 counties in 20 judicial circuits. Only those counties that provide or coordinate court-connected county mediation services are listed above. The word unavailable is displayed if a judicial circuit was unable to provide the particular data in the format in which it was requested.
Compendium 2009-10 21st Edition 25 County Mediation
COUNTY MEDIATION CASE TYPES FISCAL YEAR 2009–2010
Circuit County County Seat Case Types Percent of Cases
Note: Florida has 67 counties in 20 judicial circuits. Only those circuits and counties that provide or coordinate court-connected county mediation services are listed above. The word unavailable is displayed if a judicial circuit was unable to provide the particular data in the format in which it was requested.
COUNTY MEDIATION PERSONNEL AND MEDIATOR COMPENSATION
FISCAL YEAR 2009 – 2010
Circuit County County Seat
No. of Volunteer Mediators
No. of Contract
Mediators Sm. Claims Pay per hr.
County Mediators (Above Sm. Claims)
Pay per hr. Comp. for
Cancel Comp. for
Non-appear
Max. Amt of Comp.(Above Sm. Claims)
1st Escambia Pensacola 12 0 $0 No Program NA NA NA Okaloosa Crestview 6 0 $0 No Program NA NA NA Santa Rosa Milton 6 0 $0 No Program NA NA NA
Columbia Lake City 0 8 $25 No Program NA NA NA Dixie Cross City 0 4 $25 No Program NA NA NA Hamilton Jasper 0 4 $25 No Program NA NA NA Madison Madison 0 4 $25 No Program NA NA NA Suwannee Live Oak 5 3 $25 No Program NA NA NA
4th Clay Green Cove 7 0 $0 No Program NA NA NA Duval Jacksonville 75 0 $0 No Program NA NA NA Nassau Fernandina Beach 5 0 $0 No Program NA NA NA
5th Citrus Inverness 11 0 $0 No Program NA NA NA Hernando Brooksville 21 0 $0 No Program NA NA NA Lake Tavares 36 0 $0 No Program NA NA NA Marion Ocala 28 0 $0 No Program NA NA NA
7th Flagler Bunnell 8 0 $0 No Program NA NA NA Putnam Palatka 5 0 $0 No Program NA NA NA St. Johns St. Augustine 8 0 $0 No Program NA NA NA Volusia Deland 33 0 $0 No Program NA NA NA
12th Desoto Arcadia **53 0 $0 $0 $0 $0 NA Manatee Bradenton **53 0 $0 $0 $0 $0 NA Sarasota Sarasota **53 0 $0 $0 $0 $0 NA
13th Hillsborough Tampa 0 17 $20-$23 $20-$23 $20-$23 $20-$23 $20-$23
14th Bay Panama City 16 0 $0 $0 NA NA NA Holmes Bonifay 4 0 $0 $0 NA NA NA Jackson Marianna 6 0 $0 $0 NA NA NA Washington Chipley 4 0 $0 $0 NA NA NA
15th Palm Beach West Palm 40 35 $0 $50 $0 $50 None 16th Monroe Key West 10 NA $30 $50 $0 $25/Per Hour $90/Per Session 17th Broward Fort Lauderdale 0 31 $18 $40 $40 $40 None 18th Brevard Titusville 31 7 $0 $50 $50 $50 $100
Seminole Sanford 10 NA $0 No Program N/A N/A N/A
19th
Indian River Vero Beach 0 8 $20-Per Session $50-Per Session $0 $0 $50 Martin Stuart 0 17 $20-Per Session $50-Per Session $0 $0 $50 Okeechobee Okeechobee 0 6 $20-Per Session $50-Per Session $0 $0 $50 St. Lucie Fort Pierce 0 21 $20-Per Session $50-Per Session $0 $0 $50
20th Charlotte Punta Gorda 12 12 $0 $50-Per Session $0 $50 None Collier East Naples 19 10 $0 $50-Per Session $0 $50 None Lee Fort Myers 20 20 $0 $50-Per Session $0 $50 None
* The thirty volunteers provide mediation services for all six counties in the Eighth Circuit. ** Fifty-three mediators provide mediation services for all three counties in Twelfth Circuit. Note: Florida has 67 counties in 20 judicial circuits. Only those circuits and counties that provide or coordinate court-connected county mediation services are listed above. The word unavailable is displayed if a judicial circuit was unable to provide the particular data in the format in which it was requested.
Family Mediation Introduction
Family mediation in Florida’s court-ordered setting refers to mediation of domestic relations matters in general and dissolution (divorce) and child-related cases in particular. Case types include: divorce, modification, equitable distribution, spousal support, child custody and visitation, paternity and child support. All 20 circuits have court-connected family mediation programs. Family mediation sessions in a mediation program are generally scheduled for one session of two to three hours. Parties who have a combined income at or below $100,000 may utilize the services of court-connected family mediation programs at a rate subsidized by the state [Section 44.108(2), Florida Statutes]. Parties with a combined income under $50,000 pay $60 per session per party and parties with a combined income over $50,000 pay $120 per session per party. Parties with a combined income over $100,000 are referred to private mediators. Indigent parties are eligible to receive mediation services at no charge.
The current statute governing mediation prohibits the referral of family cases to mediation, upon motion or request of a party, if there has been a history of domestic violence which could compromise the mediation process. [Section 44.102(2)(c), Florida Statutes].
Compendium 2009-10 21st Edition 35 Family Mediation
Compendium 2009 -10 21st Edition 37 Family Mediation
Compendium 2009 -10 21st Edition 38 Family Mediation
FAMILY MEDIATION CASE LOAD FISCAL YEAR 2009-2010 (CONTINUED)
Circuit County County Seat Referrals
Joint Income Indigent Cases
Mediated
Joint Income Indigent Cases
Resolved
Joint Income between Indigent to 50K Cases
Mediated
Joint Income between
Indigent to 50K Cases Resolved
Joint Income $50K to
100K Cases
Mediated
Joint Income $50K to
100K Cases
Resolved
19th
Indian River Vero Beach 283 0 0 215 152 30 20 Martin Stuart 93 0 0 51 37 17 8 Okeechobee Okeechobee 61 0 0 38 30 5 4 St. Lucie Fort Pierce 422 0 0 255 181 85 57 Totals 859 0 0 559 400 137 89
20th
Charlotte Punta Gorda 283 8 Unavailable 127 Unavailable 100 Unavailable Collier East Naples 237 5 1 127 61 54 23 Lee Fort Myers 283 8 Unavailable 127 Unavailable 100 Unavailable Totals 803 21 1 381 61 254 23
TOTALS 29994 1791 948 13056 6332 6832 3421
*A total of 1,416 family cases were resolved, which includes all levels of Joint Incomes. Note: Florida has 67 counties in 20 judicial circuits. Only those circuits and counties that provide or coordinate court-connected family mediation services are listed above. The word unavailable is displayed if a judicial circuit was unable to provide the particular data in the format in which it was requested.
Compendium 2009 -10 21st Edition 39 Family Mediation
FAMILY MEDIATION CASE TYPES BY PERCENTAGE FISCAL YEAR 2009–2010
Circuit County County Seat Case Types % of Cases
1st Escambia Pensacola
Modification 3 Spousal Support 9 Custody & Visitation 51 Child Support 48 Equitable Distribution 27 Paternity 0 Attorney Fees 3 Unified Family Court 0 Other NA
1st Okaloosa Crestview
Modification 11 Spousal Support 28 Custody & Visitation 41 Child Support 42 Equitable Distribution 39 Paternity 6 Attorney Fees 18 Unified Family Court 0 Other NA
1st Santa Rosa Milton
Modification 10 Spousal Support 0 Custody & Visitation 20 Child Support 20 Equitable Distribution 20 Paternity 10 Attorney Fees 0 Unified Family Court 10 Other NA
1st Walton Defuniak Springs
Modification 5 Spousal Support 36 Custody & Visitation 51 Child Support 50 Equitable Distribution 57 Paternity 10 Attorney Fees 27 Unified Family Court 0 Other NA
2nd Franklin Apalachicola
Modification 28 Spousal Support 41 Custody & Visitation 76 Child Support 79 Equitable Distribution 17 Paternity 17 Attorney Fees 26 Unified Family Court 0 Other NA
Compendium 2009 -10 21st Edition 40 Family Mediation
FAMILY MEDIATION CASE TYPES BY PERCENTAGE
FISCAL YEAR 2009–2010 (CONTINUED)
Circuit County County Seat Case Types % of Cases
2nd Gadsden Quincy
Modification 20 Spousal Support 27 Custody & Visitation 69 Child Support 45 Equitable Distribution 37 Paternity 11 Attorney Fees 21 Unified Family Court 0 Other NA
2nd Jefferson Monticello
Modification 50 Spousal Support 20 Custody & Visitation 80 Child Support 80 Equitable Distribution 40 Paternity 50 Attorney Fees 30 Unified Family Court 0 Other NA
2nd Leon Tallahassee
Modification 23 Spousal Support 13 Custody & Visitation 46 Child Support 46 Equitable Distribution 23 Paternity 23 Attorney Fees 35 Unified Family Court 2 Other NA
2nd Liberty Bristol
Modification 35 Spousal Support 12 Custody & Visitation 65 Child Support 64 Equitable Distribution 29 Paternity 35 Attorney Fees 16 Unified Family Court 0 Other NA
2nd Wakulla Crawfordville
Modification 0 Spousal Support 0 Custody & Visitation 33 Child Support 33 Equitable Distribution 33 Paternity 0 Attorney Fees 0 Unified Family Court 0 Other NA
3rd Columbia Lake City Unavailable Unavailable 3rd Dixie Cross City Unavailable Unavailable 3rd Hamilton Jasper Unavailable Unavailable 3rd Lafayette Mayo Unavailable Unavailable
Compendium 2009 -10 21st Edition 41 Family Mediation
FAMILY MEDIATION CASE TYPES BY PERCENTAGE
FISCAL YEAR 2009–2010 (CONTINUED)
Circuit County County Seat Case Types % of Cases 3rd Madison Madison Unavailable Unavailable 3rd Suwannee Live Oak Unavailable Unavailable 3rd Taylor Perry Unavailable Unavailable
4th Clay Green Cove
Modification 25 Spousal Support 25 Custody & Visitation 47 Child Support 50 Equitable Distribution 60 Paternity 5 Attorney Fees 30 Unified Family Court 0 Other NA
4th Duval Jacksonville
Modification 21 Spousal Support 22 Custody & Visitation 53 Child Support 54 Equitable Distribution 41 Paternity 8 Attorney Fees 28 Unified Family Court 0 Other NA
4th Nassau Fernandina Beach
Modification 20 Spousal Support 30 Custody & Visitation 57 Child Support 59 Equitable Distribution 53 Paternity 9 Attorney Fees 29 Unified Family Court 0 Other NA
5th Citrus Inverness
Modification 40 Spousal Support 20 Custody & Visitation 90 Child Support 20 Equitable Distribution 70 Paternity 25 Attorney Fees 5 Unified Family Court 12 Other: 2
5th Hernando Brooksville
Modification 29 Spousal Support 22 Custody & Visitation 87 Child Support 81 Equitable Distribution 69 Paternity 18 Attorney Fees 39 Unified Family Court 16 Other 16
Compendium 2009 -10 21st Edition 42 Family Mediation
FAMILY MEDIATION CASE TYPES BY PERCENTAGE
FISCAL YEAR 2009–2010 (CONTINUED)
Circuit County County Seat Case Types % of Cases
5th Lake Tavares
Modification 26 Spousal Support 37 Custody & Visitation 91 Child Support 76 Equitable Distribution 73 Paternity 19 Attorney Fees 41 Unified Family Court 11 Other 19
5th Marion Ocala
Modification 23 Spousal Support 22 Custody & Visitation 93 Child Support 67 Equitable Distribution 56 Paternity 12 Attorney Fees 32 Unified Family Court 17 Other 21
5th Sumter Bushnell
Modification 28 Spousal Support 24 Custody & Visitation 87 Child Support 81 Equitable Distribution 64 Paternity 29 Attorney Fees 31 Unified Family Court 12 Other 16
6th Pasco Dade City
Modification Unavailable Spousal Support Unavailable Custody & Visitation Unavailable Child Support Unavailable Equitable Distribution Unavailable Paternity 61 Attorney Fees Unavailable Unified Family Court Unavailable Other Unavailable
6th Pinellas Clearwater
Modification Unavailable Spousal Support Unavailable Custody & Visitation Unavailable Child Support Unavailable Equitable Distribution Unavailable Paternity Unavailable Attorney Fees Unavailable Unified Family Court 9 Other Unavailable
Compendium 2009 -10 21st Edition 43 Family Mediation
FAMILY MEDIATION CASE TYPES BY PERCENTAGE
FISCAL YEAR 2009–2010 (CONTINUED)
Circuit County County Seat Case Types % of Cases
7th Flagler/Putnam/ St. Johns Bunnell/Palatka/St. Augustine
Modification 3 Spousal Support 6 Custody & Visitation 71 Child Support 70 Equitable Distribution 61 Paternity 6 Attorney Fees 2 Unified Family Court 30 Other NA
7th Volusia Deland Unavailable Unavailable
8th Alachua Gainesville
Modification 31 Spousal Support 38 Custody & Visitation 78 Child Support 61 Equitable Distribution 38 Paternity 7 Attorney Fees 22 Unified Family Court NA Other NA
8th Baker Macclenny
Modification 20 Spousal Support 18 Custody & Visitation 78 Child Support 48 Equitable Distribution 43 Paternity 6 Attorney Fees 11 Unified Family Court NA Other NA
8th Bradford Starke
Modification 33 Spousal Support 26 Custody & Visitation 69 Child Support 60 Equitable Distribution 51 Paternity 4 Attorney Fees 3 Unified Family Court NA Other NA
8th Gilchrist Trenton
Modification 37 Spousal Support 27 Custody & Visitation 78 Child Support 72 Equitable Distribution 30 Paternity 8 Attorney Fees 13 Unified Family Court NA Other NA
Compendium 2009 -10 21st Edition 44 Family Mediation
FAMILY MEDIATION CASE TYPES BY PERCENTAGE
FISCAL YEAR 2009–2010 (CONTINUED)
Circuit County County Seat Case Types % of Cases
8th Levy Bronson
Modification 34 Spousal Support 25 Custody & Visitation 74 Child Support 70 Equitable Distribution 50 Paternity 5 Attorney Fees 16 Unified Family Court NA Other NA
8th Union Lake Butler
Modification 27 Spousal Support 27 Custody & Visitation 84 Child Support 41 Equitable Distribution 45 Paternity 0 Attorney Fees 14 Unified Family Court NA Other NA
9th Orange Orlando
Modification 30 Spousal Support 24 Custody & Visitation 70 Child Support 75 Equitable Distribution 37 Paternity 14 Attorney Fees 22 Unified Family Court NA Other NA
9th Osceola Kissimmee
Modification 15 Spousal Support 12 Custody & Visitation 66 Child Support 62 Equitable Distribution 68 Paternity 15 Attorney Fees 20 Unified Family Court NA Other NA
10th Polk Bartow
Modification 10 Spousal Support 13 Custody & Visitation 49 Child Support 49 Equitable Distribution 17 Paternity 22 Attorney Fees 15 Unified Family Court 0 Other : (Relocation) 12
10th Polk Highland Equitable Distribution 100
Compendium 2009 -10 21st Edition 45 Family Mediation
FAMILY MEDIATION CASE TYPES BY PERCENTAGE
FISCAL YEAR 2009–2010 (CONTINUED)
Circuit County County Seat Case Types % of Cases
11th Miami-Dade Miami
Modification UnavailableSpousal Support Unavailable Custody & Visitation Unavailable Child Support Unavailable Equitable Distribution Unavailable Paternity Unavailable Attorney Fees Unavailable Unified Family Court 5 Other Unavailable
12th Desoto Arcadia
Modification 35 Spousal Support 22 Custody & Visitation 82 Child Support 60 Equitable Distribution 22 Paternity 15 Attorney Fees 12 Unified Family Court Unavailable Other: Pre-divorce 47
12th Manatee Bradenton
Modification 38 Spousal Support 31 Custody & Visitation 78 Child Support 66 Equitable Distribution 54 Paternity 10 Attorney Fees 26 Unified Family Court Unavailable Other: Pre-divorce 56
12th Sarasota Sarasota
Modification 34 Spousal Support 35 Custody & Visitation 60 Child Support 56 Equitable Distribution 49 Paternity 6 Attorney Fees 18 Unified Family Court Unavailable Other: Pre-divorce 59
13th Hillsborough Tampa
Modification 27 Spousal Support 8 Custody & Visitation 39 Child Support 38 Equitable Distribution 11 Paternity 3 Attorney Fees 10 Unified Family Court 0 Other 66
Compendium 2009 -10 21st Edition 46 Family Mediation
FAMILY MEDIATION CASE TYPES BY PERCENTAGE
FISCAL YEAR 2009–2010 (CONTINUED)
Circuit County County Seat Case Types % of Cases
14th Bay Panama City
Modification 0 Spousal Support 29 Custody & Visitation 60 Child Support 59 Equitable Distribution 59 Paternity 0 Attorney Fees 19 Unified Family Court Unavailable Other NA
14th Calhoun Blountstown
Modification 13 Spousal Support 13 Custody & Visitation 66 Child Support 33 Equitable Distribution 60 Paternity 0 Attorney Fees 0 Unified Family Court Unavailable Other NA
14th Gulf Port St. Joe
Modification 30 Spousal Support 10 Custody & Visitation 70 Child Support 80 Equitable Distribution 50 Paternity 0 Attorney Fees 0 Unified Family Court Unavailable Other NA
14th Holmes Bonifay
Modification 20 Spousal Support 15 Custody & Visitation 85 Child Support 85 Equitable Distribution 45 Paternity 0 Attorney Fees 50 Unified Family Court Unavailable Other NA
14th Jackson Marianna
Modification 15 Spousal Support 20 Custody & Visitation 68 Child Support 63 Equitable Distribution 46 Paternity 0 Attorney Fees 14 Unified Family Court Unavailable Other NA
Compendium 2009 -10 21st Edition 47 Family Mediation
FAMILY MEDIATION CASE TYPES BY PERCENTAGE
FISCAL YEAR 2009–2010 (CONTINUED)
Circuit County County Seat Case Types % of Cases
14th Washington Chipley
Modification 16 Spousal Support 16 Custody & Visitation 76 Child Support 68 Equitable Distribution 40 Paternity 0 Attorney Fees 36 Unified Family Court Unavailable Other NA
15th Palm Beach West Palm Beach
Modification 17 Spousal Support 16 Custody & Visitation 41 Child Support 42 Equitable Distribution 32 Paternity 1 Attorney Fees 9 Unified Family Court NA Other NA
16th Monroe Key West
Modification 15 Spousal Support Unavailable Custody & Visitation Unavailable Child Support 10 Equitable Distribution Unavailable Paternity 15 Attorney Fees 0 Unified Family Court 1 Other NA
17th Broward Ft. Lauderdale
Modification Unavailable Spousal Support 19 Custody & Visitation 54 Child Support 26 Equitable Distribution 19 Paternity Unavailable Attorney Fees Unavailable Unified Family Court 15 Other NA
18th Brevard Titusville
Modification 22 Spousal Support 42 Custody & Visitation 76 Child Support 76 Equitable Distribution 43 Paternity 14 Attorney Fees Unavailable Unified Family Court 100 Other NA
Compendium 2009 -10 21st Edition 48 Family Mediation
FAMILY MEDIATION CASE TYPES BY PERCENTAGE
FISCAL YEAR 2009–2010 (CONTINUED)
Circuit County County Seat Case Types % of Cases
18th Seminole Sanford
Modification 26 Spousal Support 3 Custody & Visitation 55 Child Support 9 Equitable Distribution 3 Paternity 4 Attorney Fees 0 Unified Family Court 100 Other NA
19th Indian River Vero Beach
Modification 31 Spousal Support 25 Custody & Visitation 83 Child Support 79 Equitable Distribution 44 Paternity 21 Attorney Fees 36 Unified Family Court 2 Other NA
19th Martin Stuart
Modification 34 Spousal Support 34 Custody & Visitation 77 Child Support 82 Equitable Distribution 49 Paternity 13 Attorney Fees 21 Unified Family Court 2 Other NA
19th Okeechobee Okeechobee
Modification 21 Spousal Support 28 Custody & Visitation 79 Child Support 81 Equitable Distribution 56 Paternity 23 Attorney Fees 51 Unified Family Court 7 Other NA
19th St. Lucie Fort Pierce
Modification 28 Spousal Support 24 Custody & Visitation 81 Child Support 76 Equitable Distribution 42 Paternity 24 Attorney Fees 24 Unified Family Court 3 Other NA
Compendium 2009 -10 21st Edition 49 Family Mediation
FAMILY MEDIATION CASE TYPES BY PERCENTAGE FISCAL YEAR 2009–2010 (CONTINUED)
Circuit County County Seat Case Types % of Cases 20th Charlotte Punta Gorda Unavailable Unavailable
20th Collier East Naples
Modification 15 Spousal Support 5 Custody & Visitation 25 Child Support 5 Equitable Distribution 10 Paternity 25 Attorney Fees 0 Unified Family Court 15 Other NA
20th Lee Fort Myers
Modification 20 Spousal Support 15 Custody & Visitation 20 Child Support 20 Equitable Distribution 13 Paternity 10 Attorney Fees 2 Unified Family Court 20 Other NA
Note: A family mediation may contain more than one subject area. Florida has 67 counties in 20 judicial circuits. Only the circuits and counties that provide or coordinate court-connected family mediation services are listed above. The word unavailable is displayed if a judicial circuit was unable to provide the particular data in the format in which it was requested.
FAMILY MEDIATION PERSONNEL AND MEDIATOR COMPENSATION
FISCAL YEAR 2009-2010
Circuit County County Seat No. of Staff Mediators
No. of Contract
Mediators
Rate of Comp. for Contract
Mediators
Comp. for
Cancel
Comp. for Non-
appear
Max. Amt of Comp.
1st Escambia Pensacola 0 7 $100/per party per session
100/per session
$100/per Non-
appear party
None
1st Okaloosa Crestview 0 8 $100/per party per session
100/per session
$100/per Non-
appear party
None
1st Santa Rosa Milton 0 7 $100/per party per session
100/per session
$100/per Non-
appear party
None
1st Walton Defuniak Springs 0 5 $100/per party per session
100/per session
$100/per Non-
appear party
None
2nd Franklin Apalachicola 1 4 $200/per session None $100/per
19th Indian River Vero Beach 2 NA NA NA NA NA 19th Martin Stuart 2 NA NA NA NA NA 19th Okeechobee Okeechobee 2 NA NA NA NA NA 19th St. Lucie Fort Pierce 2 NA NA NA NA NA
20th Charlotte Punta Gorda 0 16 $100/per hour $0 $100/per
hour None
20th Collier East Naples 1 NA NA NA NA NA
20th Lee Fort Myers 0 40 $100/per hour $0 $100/per
hour None
*Mediator compensation is based on parties combined income--$0 to $50k= $200 per session and $50k to 100k=$300 per session. Note: No volunteer mediators are used in family mediation. Florida has 67 counties in 20 judicial circuits. Only those circuits and counties that provide or coordinate family mediation services are listed above. The word unavailable is displayed if a judicial circuit was unable to provide the particular data in the format in which it was requested.
Dependency Mediation Introduction
Dependency mediation programs receive referrals of child abuse and neglect cases from the courts. These cases may be referred at any stage of a dependency action. Referral may occur as early as the filing of a petition alleging that a child is dependent and in need of the court’s intervention for protection, or much later in a case where a child may be in foster care and termination of parental rights is being pursued. During FY 2009-2010, nineteen of the 20 judicial circuits in Florida utilized mediation in dependency cases.
Dependency mediation provides an opportunity for the parents, social service counselors, guardians ad litem, attorneys for parents and agencies, as well as other key participants (such as relatives) to engage in a facilitated discussion about the case. There are no restrictions on the types of issues which can be addressed during a mediation and parties may come to either partial or full agreement on various aspects of dependency matters, including, but not limited to: child placement; custody; terms of a case plan; visitation; medical or therapeutic treatment; child support; independent living for teens; and long term foster care.
Columbia Lake City 52 41 35 Dixie Cross City 28 27 21 Hamilton Jasper 3 3 3 Madison Madison 10 9 9 Suwannee Live Oak 26 25 23 Taylor Perry 16 15 12 Totals 135 120 103
Indian River Vero Beach No Program NA NA Martin Stuart No Program NA NA Okeechobee Okeechobee No Program NA NA St. Lucie Ft. Pierce No Program NA NA
20th Charlotte Punta Gorda 18 18 Unavailable Lee Fort Myers 61 **66 42 Totals 79 84 42
Totals 4349 3465 2536 * The data for Flagler, Putnam and St. Johns counties are combined. ** Cases referred in the previous fiscal year were mediated after the start of the new fiscal year. Note: Florida has 67 counties in 20 judicial circuits. Only those circuits and counties that provide or coordinate dependency mediation services are listed above. The word unavailable is displayed if a judicial circuit was unable to provide the particular data in the format in which it was requested.
Adjudication 10 Arraignment 60 Disposition 20 Termination of Parental Rights 10
14th Calhoun Blountstown Arraignment 100 14th Gulf Port St. Joe Arraignment 100 14th Holmes Bonifay Arraignment 100 14th Jackson Marianna Arraignment 100 14th Washington Chipley Arraignment 100 15th Palm Beach West Palm Beach Unavailable Unavailable
16th Monroe Key West
Adjudication 15 Arraignment 11 Disposition 21 Termination of Parental Rights 53
17th Broward Ft. Lauderdale
Arraignment 40 Disposition 30 Shelter/Detention 15 Termination of Parental Rights 15
18th Seminole Sanford
Adjudication 2 Arraignment 75 Disposition 11 Foster Care 1 Shelter/Detention 10 Termination of Parental Rights 1
19th Indian River Vero Beach No Program NA 19th Martin Stuart No Program NA 19th Okeechobee Okeechobee No Program NA 19th St. Lucie Ft. Pierce No Program NA 20th Charlotte Punta Gorda Unavailable Unavailable
20th Lee Fort Myers
Adjudication 20 Arraignment 20 Disposition 20 Foster Care 15 Shelter/Detention 20 Termination of Parental Rights 5
*The data for Flagler, Putnam and St. Johns counties are combined. Note: Florida has 67 counties in 20 judicial circuits. Only those circuits and counties that provide or coordinate dependency mediation services are listed above. The word unavailable is displayed if a judicial circuit was unable to provide the particular data in the format in which it was requested.
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DEPENDENCY MEDIATION PERSONNEL AND COMPENSATION FISCAL YEAR 2009—2010
Circuit County County Seat No. of Staff Mediators
No. of Contract
Mediators
Rate of Comp. for Contract
Mediators Comp. for
Cancel Comp. for Non-
appear Max. Amt of Comp.
1st Escambia Pensacola 0 2 $125 $62.5 $62.5 None 1st Okaloosa Crestview 0 3 $125 $62.5 $62.5 None 1st Santa Rosa Milton 0 2 $125 $62.5 $62.5 None 2nd Franklin Apalachicola 1 1 $200/per session None $100/per session None 2nd Gadsden Quincy 1 1 $200/per session None $100/per session None 2nd Jefferson Monticello 1 1 $200/per session None $100/per session None 2nd Leon Tallahassee 1 1 $200/per session None $100/per session None 2nd Liberty Bristol 1 1 $200/per session None $100/per session None 2nd Wakulla Crawfordville 1 1 $200/per session None $100/per session None 3rd Columbia Lake City 2 1 $75/per hour $75 $75 None 3rd Dixie Cross City 2 NA $75/per hour $75 $75 None 3rd Hamilton Jasper 2 NA $75/per hour $75 $75 None 3rd Lafayette Mayo 2 NA $75/per hour $75 $75 None 3rd Madison Madison 2 NA $75/per hour $75 $75 None 3rd Suwannee Live Oak 2 NA $75/per hour $75 $75 None 3rd Taylor Perry 2 NA $75/per hour $75 $75 None 4th Clay Green Cove Springs 3 NA NA NA NA NA 4th Duval Jacksonville 3 NA NA NA NA NA 4th Nassau Fernandina Beach 0 NA NA NA NA NA 5th Citrus Inverness 0 15 $100/per hour None $40 None 5th Hernando Brooksville 0 NA $100/per hour None $40 None 5th Lake Tavares 0 14 $100/per hour None $40 None 5th Marion Ocala 0 15 $100/per hour None $40 None 5th Sumter Bushnell 0 14 $100/per hour None $40 None
DEPENDENCY MEDIATION PERSONNEL AND COMPENSATION FISCAL YEAR 2009—2010 (CONTINUED)
Circuit County County Seat No. of Staff Mediators
No. of Contract
Mediators
Rate of Comp. for Contract Mediators Comp. for Cancel
Comp. for Non-appear
Max. Amt of Comp.
13th Hillsborough Tampa 0 4 $150/per case None $150 $150 13th South Shore Tampa 0 NA NA NA NA NA 14th Bay Panama City 1 NA NA NA NA NA 14th Calhoun Blountstown 1 2 $100/per hour $75 $100 None 14th Gulf Port St. Joe 1 2 $100/per hour $75 $100 None 14th Holmes Bonifay 1 2 $100/per hour $75 $100 None 14th Jackson Marianna 1 2 $100/per hour $75 $100 None 14th Washington Chipley 1 2 $100/per hour $75 $100 None 15th Palm Beach West Palm Beach 5 3 $125 None $50/per hour None 16th Monroe Key West 2 0 $100/per hour None $50 + Travel $300
17th Broward Fort Lauderdale 6 6 $60/per hour $60/if cancelled the day of $60 None
18th Brevard Titusville 1 NA NA NA NA NA 18th Seminole Sanford 0 NA NA NA NA NA 19th Indian River Vero Beach 0 NA NA NA NA NA 19th Martin Stuart 0 NA NA NA NA NA 19th Okeechobee Okeechobee 0 NA NA NA NA NA 19th St. Lucie Ft. Pierce 0 NA NA NA NA NA 20th Charlotte Punta Gorda 0 2 $100/per hour None $100/per hour None 20th Collier East Naples 0 NA NA NA NA NA 20th Lee Fort Myers 0 5 $100/per hour None $100/per hour None
*No volunteer mediators are used in dependency programs. **Dependency mediators in the Fifth Circuit provide mediations services to all counties as needed. Note: Florida has 67 counties in 20 judicial circuits. Only those circuits and counties that provide or coordinate dependency mediation services are listed above. The word unavailable is displayed if a judicial circuit was unable to provide the particular data in the format in which it was requested.
Circuit Civil Mediation Introduction
Under the mediation statutes, circuit court mediation includes non-family civil cases over $15,000. The case types include, but are not limited to: contract, personal injury, auto negligence, probate and professional malpractice. Most civil trial judges in Florida refer at least part of their caseload to circuit court mediation and it is not uncommon for judges to require parties to attempt mediation prior to setting a trial date.
Mediation parties have 10 days from the trial court’s order of referral to mediation
to select a mediator. Parties may select either a certified or a non-certified mediator [see Rule 1.720(f), Florida Rules of Civil Procedure]. If the parties do not make a selection, the court appoints a mediator, and, in that event, the mediator must be certified .In general, parties are represented by counsel. If a party is represented by counsel, the attorney is required to attend the mediation and may frequently play a major role in the negotiations. Depending on case complexity, mediations may last from several hours to several days.
Circuit civil mediation differs from the other areas of court-connected mediation in
that mediation personnel play a limited role, if any, in administering and/or providing this type of mediation service. Generally, circuit civil mediation referrals go directly to the parties who select and compensate their own private mediators. It is the parties or attorneys who select and compensate these private mediators. Mediation fees are usually shared between the parties.
This unique dynamic presents a challenge to local courts in their attempt to
accurately capture and report the number of referrals, mediations and cases resolved through circuit court mediation. Therefore, rather than report inaccurate or unreliable information it was decided not to report the statistics for circuit court mediation.
Under the new certification rules and procedures, mediators who wish to be certified in appellate mediation must first be certified as family, dependency and/or circuit court mediators and complete a certified appellate mediation training. It is anticipated that, with this new certification, the state’s District Courts of Appeal (DCA) will be offering mediation of appellate cases and these statistics will be included in subsequent Compendiums.
Appellate mediation programs offer attorneys and their clients an avenue to
negotiate a settlement of their disputes while simultaneously pursuing their appellate rights. Chapter 44, Florida Statutes, authorizes the use of appellate mediation, and procedural operation is pursuant to administrative order adopted by the Florida Supreme Court. [In re Amendments to the Florida Rules of Appellate Procedure and the Florida Rules for Certified and Court-Appointed Mediators, Supreme Court of Florida, July 1, 2010, 41 So. 3rd 161 (SC09-118)].
APPELLATE MEDIATION SUMMARY 5th District Court of Appeal Heather Brooke Mediation Coordinator/Librarian Fifth DCA 300 S. Beach Street Daytona Beach, Florida 32114 (386) 947-1547 [email protected] Fifth District Court of Appeal Program Overview
CATEGORY NUMBER Total Cases Considered for Mediation 580
State court arbitration is statutorily divided into two categories: court-
ordered/non-binding and voluntary/binding. Judges may assign non-binding arbitration cases to a single arbitrator or a panel of three. In 1994, the Supreme Court of Florida adopted the Florida Rules for Court-Appointed Arbitrators, which contain qualifications, standards of professional conduct and rules of discipline for court-appointed arbitrators. While there are rules of procedure for court-connected arbitration, there is no certification process for court-connected arbitrators.
In 1999, the Florida Legislature amended Section 44.104, Florida Statutes to
include a procedure similar to voluntary binding arbitration: voluntary trial resolution. Under this option, parties may elect to have their case heard by a member of The Florida Bar who renders a decision in the case. Unlike voluntary binding arbitration, however, the trial resolution judge’s award is appealable directly to the appropriate appellate court.
During FY 2009-2010, a total of 500 cases state-wide were referred to non-
binding arbitration (including county and circuit cases). These 500 cases were arbitrated within the eight counties that are successfully operating non-binding arbitration programs.